1. This second Appeal filed by the defendant-appellants against the judgment of affirmance arises out of an eviction suit filed by the plaintiff-respondent.

2. Title Suit No. 8 of 2002 was filed by the plaintiff-respondent for eviction of the defendant-appellants on the ground of default in payment of rent by the defendants as well as personal necessity of the plaintiff. The suit was decreed by the trial court on 21.11.2005 against which Title Appeal No. 2 of 2006 was filed by the defendant-appellants, which was dismissed by the lower appellate court by the judgment and decree dated 16.6.2006, which is under challenge in the instant second appeal.

3. Learned counsel for the appellants raises three points for consideration as substantial questions of law. His first contention is that with respect to the question of default, both the courts below have ignored the advance payment made by the defendants to the plaintiff. He submits that although according to the defendants case advance of Rs. 25,000.00 was paid to the plaintiff but according to the admission of the plaintiff in his deposition as P.W.4 an amount of Rs. 20,000.00 was received as advance. He also avers that the pl